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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, OCTOBER 14, 2004

The meeting was called to order at 8:03PM by Council President Richter who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 14, 2003 stating this meeting would be held on Thursday, October 14, 2004 at 8:00 PM in the Council Chambers at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey.

Notice of this meeting is posted on the Municipal Bulletin Board. The minutes of this meeting shall be available in the Municipal Clerk’s Office.

Salute to the Flag.

Present: Councilmembers Alderisio, Calandrillo, DiGiulio, Kelly, Paton, Richter and Roth

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney’s Associates Craig Bossong and Nilufer DeScherer and Municipal Clerk Kathrine G. Coletta.

DEPARTMENT OF PUBLIC WORKS; WINNERS OF NORTH JERSEY WATER CONFERENCE PIPE TAPPING CONTEST
Mr. John Mariani, Mr. Morris Mann, and Mr. Leo DeGroat gave a brief presentation concerning their first place standing (2 years running) in the North Jersey Water Conference Pipe Tapping Conference.

Mr. Pat Malone of 115 Highwood Road is proud of our team and in 2005 there is a Nationwide Tapping Contest. Mr. Malone urged the Township to send our team to the nationals.

Mr. Mariani asked Council if the Township would host the 2005 North Jersey Water Conference Pipe Tapping Conference. Richter asked for information so Council could seriously look into it.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Kelly, the Bills and Claims, previously signed, totaling $4,128,495.95, were approved. A list of Bills and Claims is on file in the Municipal Clerk’s Office. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

APPROVAL OF MEETING MINUTES
On a motion by Paton, seconded by DiGiulio, the Work Session Minutes of June 3, 2004 was approved. Roll call vote: Alderisio, abstain; Calandrillo, abstain; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, abstain; Richter, yes.

Public Meeting Minutes
October 14, 2004
Page 2

On a motion by Paton, seconded by DiGiulio, the Work Session Minutes of June 17, 2004 was approved. Roll call vote: Alderisio, abstain; Calandrillo, abstain; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, abstain; Richter, yes.

On a motion by Calandrillo, seconded by DiGiulio, the Reorganization Meeting Minutes of July 1, 2004 was approved. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

On a motion by Calandrillo, seconded by Paton, the Work Session Minutes of July 8, 2004 was approved. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, abstain.

REPORT OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Alderisio stated he spoke to Police Chief Batelli and the Ordinance closing Olney Road was sent to the Department of Transportation.

DiGiulio attended the Informational Sewer Meeting last night and suggested an additional survey to gather more information from the residents and their views on the matter.

Kelly was also in attendance at the Informational Sewer Meeting last night and concurs with DiGiulio.

Paton was also in attendance last night. Paton also attended the Special Board of Education Meeting with regards to Environmental Testing going on in the schools. Testing will be conducted during various seasons in order to collect more accurate data.

Paton stated he attended a hearing on the State Constitutional Convention and he felt it was not very well publicized. Paton spoke at this convention, and he mentioned that the New York Star Program worked very well and was well received.

Richter thanked Paton for attending and further stated the Star Program is not only for seniors, but for first time purchasers as well.

Roth attended the Sewer Meeting and was pleased with the presentation.

Richter stated at the Agenda Meeting the Sewer Meeting was discussed and a survey will be sent out with an informational packet. Council will move forward with this very carefully.

REPORT OF MAYOR AND BUSINESS ADMINISTRATOR
The Mayor stated he and the Business Administrator were both in attendance at the Bergen County Transportation Summit and it was very well attended. The Light Rail
Public Meeting Minutes
October 14, 2004
Page 3

was the highlight of the Summit and very little about Mahwah Township. The Mayor
had hoped to bring up the intersection of Route 287 and Route 17, which according to the Mayor was disastrous; however it was not possible, and the Mayor was not provided the opportunity to do so.

The Mayor also met with Ramapo College and their Engineers about widening Ramapo Valley Road and Route 202 and the request for the college to put a traffic signal adjacent to Continental Soldiers Park. One of the questions the Mayor raised was who would be paying for this, and who would be requesting the land acquisition in order to widen the roadway. The Mayor expressed that the Township was not interested in expending any funds in regards to this project, nor was the Township interested in taking any property.

In lieu of attending the Sewer Meeting, the Mayor attended a benefit at Seasons in honor of Mr. Ray Roe who received the “Man of the Year” award from the County Fire Protection Association which was a great tribute. The Mayor recommended Council to honor Mr. Roe by Proclamation for his efforts in the Fire Industry.

The Mayor stated he had discussions with both Senator McNamara and Assemblymen O’Toole and Russo concerning the Airmont Avenue diversion and they have offered to help.

MAYOR’S PROCLAMATION
The Mayor read an Eagle Scout Proclamation honoring Eagle Scout Steve Adelson.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Roth, the meeting was open to the public. All in favor. Motion carried.

Mr. Carter Morris of 1225 Mulberry Drive and President of the Darlington Ridge Association asked Council to consider relief for their traffic situation, and asked to be placed on the agenda. Mr. Morris stated he has repeatedly asked Council for their assistance in this matter. Many residents of the Darlington Ridge Association attended in support of Mr. Morris and this situation.

Mr. Allan Kidd of 111 Miller Road stated the Darlington Ridge Association should be heard and their safety issues should be addressed or at least placed on the agenda. Mr. Kidd asked to have a Police Officer posted to address the speeding issues at the Darlington Ridge Association.

Mrs. Ellen Stein of 69 Fisher Road stated the word “Condo-People” is offensive to her. Ms. Stein feels that all residents should be equal in status.

Public Meeting Minutes
October 14, 2004
Page 4

Mr. Jack Ebstein of 1227 Mulberry Drive expressed concern stating his wife was almost hit while walking her dog at Mulberry Drive and Hickory Drive when crossing at the yield sign.

Ms. Barbara Suess of 1231 Mulberry Drive complained about the safety of residents in the area of Mulberry Drive in regards to the blind spot. Ms. Suess stated there are children that go to the pool and seniors that could be placed in danger by this situation.

Mr. Joel Weinberger of 1131 Sycamore Lane stated there are many streets in Mahwah Township Condo Associations where cars are exceeding the speed limit of 25 miles per hour. Mr. Weinberger suggested having the police put up radar and to begin ticketing offenders.

Mr. Evan Simon of 1316 Persimmon Court asked Council to help with the speeding cars in his area due to children in the area.

Ms. Michelle Loewy of 1297 Hibiscus Court asked Council for help in regards to speeding cars in her development.

Mrs. Jaquelyne Weisman of 1128 Sycamore Avenue is a senior and feels that it is urgent that this traffic situation be addressed now before a serious problem arises for the elderly and children in the area.

Mr. Carter Morris of 1225 Mulberry Drive stated he spoke to Mr. McConelle and they both agreed there was a danger at Hickory Drive and Mulberry Drive intersection. Mr. Morris stressed the need to stop Mulberry Drive traffic and use Hickory Drive instead. Mr. Morris urged Council to take immediate action.

Mr. Ken DeFerrari of 69 Maysenger Road stated he was the Commander of the VFW and he invited the Mayor and Council to attend a Veterans Day Service on November 11th. The Service will assemble at 10:30AM and the service will commence at 11:00AM at Veteran’s Park. Mr. DeFerrari invited all, and asked the Mayor to speak at the service.

Mr. Albert Kidd of 851 Darlington Avenue was amazed and concerned over the cost of the Police Department improvements. Mr. Kidd was happily surprised that the Council considered the finances of this project; however he feels that the $200,000.00 for the footbridge at the Ramapo River is a ridiculous waste of money.

Mr. Kidd asked if the Township owned the property the Township Pool was located on. Mr. Kidd asked who is paying for various large expenses since the Township Pool was supposed to be “self supporting.” Richter explained that “self supporting” referred to day to day expenses.
Public Meeting Minutes
October 14, 2004
Page 5

Mr. Albert Kidd brought up the Ethics decision. Richter asked him to bring this topic up at the public hearing later tonight.

Mr. Albert Kidd asked about Soil Removal and if we needed a permit to move soil. Richter did not know.

On a motion by Kelly, seconded by Alderisio, the Public Session was closed. All in favor. Motion carried.

DiGiulio stated Mr. McConelle called her and told her the only thing he was in favor of with regards to the Mulberry Drive Intersection was a two-way stop sign.

ORDINANCE: CONTINUATION OF PUBLIC HEARING
On a motion by Kelly, seconded by Paton, Ordinance #1492 was carried to October 28, 2004. Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

ORDINANCES -PUBLIC HEARINGS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 12 ENTITLED “FIRE PREVENTION” AND AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”

On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public. All in favor. Motion carried.

On a motion by Paton, seconded by Roth, the meeting was closed to the public. All in favor. Motion carried.

On a motion by Calandrillo, second by Alderisio, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1499

RESOLVED that the ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title as having been finally adopted, as required by law. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

****

The title of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING ACQUISITION OF BLOCK 2 LOT 42
Public Meeting Minutes
October 14, 2004
Page 6

On a motion by Alderisio, seconded by Calandrillo, the meeting was opened to the public. All in favor. Motion carried.

On a motion by Roth, seconded by Calandrillo, the meeting was closed to the public. All in favor. Motion carried.

On a motion by Calandrillo, second by Kelly, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1500

RESOLVED that the ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title as having been finally adopted, as required by law. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

****

Richter read a statement with regard to the deletion of the outdated “Code of Ethics” ordinance prior to opening to public on Ordinance 1501. Paton asked for this statement to be made available to the press for edification of the surrounding communities.

The title of an Ordinance was read as follows:
AN ORDINANCE DELETING SECTION 2-24 ENTITLED “CODE OF ETHICS” OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH

On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road stated that the premise of State Law making the Mahwah Township Ordinance 2-24 obsolete is untrue and it does provide for the formation of Ethics Boards in Townships.

Mr. Allan Kidd stated there are many issues that suggest Mahwah Township should be reviewed by an Ethics Board including Council members family obtaining jobs in the Township, Building Department employees working part-time jobs in addition to their Mahwah jobs, and Mr. Brian Campion and Mr. Gary Montroy’s business relationship. Richter asked Mr. Kidd to refrain from naming names of people who were not there to defend themselves, Mr. Kidd ignored her and continued to speak about Mr. Brian Campion and Mr. Gary Montroy.


Public Meeting Minutes
October 14, 2004
Page 7

The Township Attorney’s Associate asked Mr. Kidd if his line of questioning was pertaining to Ordinance #1501, and if not to bring his complaints to the County Ethics Board. Mr. Kidd continued to question the need for a Municipal Ethics Board and continued naming names of Mahwah Employees.

Richter asked Mr. Kidd to sit down. The Township Attorney’s Associate told Mr. Kidd that specific complaints must be brought to the County Ethics Board. Mr. Kidd continued to argue. Richter asked to have Mr. Kidd seated or escorted out. The Police Officer escorted Mr. Kidd out of the room.

Ms. Jean Swartele of 96 Bridle Path Lane asked if the revisions of the Mahwah Township Ethics Code are included in the County Ethics Code. The Township Attorney’s Associate stated no, and that the Council felt rather then going through immense amounts of paperwork, hearings, and Public Notices to revise that adopting the State Code of Ethics was the more efficient way to go.

Mr. Albert Kidd of 851 Darlington Avenue stated the change and speed of deleting the Municipal was questionable. Mr. Kidd cited improprieties and misrepresentation within the Township without naming names.

On a motion by Kelly, seconded by Alderisio, the meeting was closed to the public. All in favor. Motion carried.

Mr. Kelly felt the harassment by individuals giving insufficient information to newspapers and not taking appropriate steps with complaints was unethical. Richter stated this practice of bringing ethical complaints to the County was not rushed into and has been in practice since 1991 and there have been no problems with the process and matters have been dually resolved. Calandrillo concurred.

On a motion by Calandrillo, second by Kelly, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1501

RESOLVED that the ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title as having been finally adopted, as required by law. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

****
CONSENT AGENDA


Public Meeting Minutes
October 14, 2004
Page 8

Resolutions #128-04A through #131-04A, #133-04A through #135-04A, #137-04A through #139-04A, #141-04A through #145-04A and the Raffle Application for Ramapo College of New Jersey (On Premise) were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #132-04A, #136-04A and #140-04A were removed from the Agenda and voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

NEW BUSINESS
Resolutions #146-04A through #154-04A and the Raffle Applications for Mahwah Schools Foundation (Casino Night), Mahwah High School Music Booster Club Inc. (On Premise), Friends of the Ridgewood Library (Tricky Tray), Friends of the Ridgewood Library (On Premise), Temple Beth Haverim (Off Premise/Calendar Raffle), Immaculate Conception Church (On Premise), Immaculate Conception Church (On Premise), and Immaculate Conception Church (On Premise, 50/50) were voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS/COMMUNICATIONS
Calandrillo mentioned that she was pleased with the Sewer Meeting last night and there was a great turnout.

Paton stated the Board of Education was having a Transportation Meeting on Wednesday. The issue they would be raising is the budget for next year and bussing, courtesy bussing, as well as sidewalks. Paton asked Richter to join him at the meeting.

Paton also brought up the possibility of restriping Continental Soldiers Park for a Soccer Field due to lack of field space for the Junior Varsity and Varsity Soccer Teams. Paton will have more particulars for next week. Richter stated she needs Mr. Zaccone and Mr. Baumgardt’s information on this before further discussion.

Paton stated he had some original Plat Documents concerning the open status of Olney Road and if anyone wanted a copy to see the Municipal Clerk. The Business Administrator stated this document was previously distributed to Council in a memorandum. Richter stated she felt the Council’s opinion was to close Olney Road and Richter stated this needed to be further reviewed. Richter said to put this on as an emergency discussion for next week. Kelly suggested waiting until Council heard from the Department of Transportation first. Richter concurred.

Kelly asked Paton to enlist the Superintendent of the Schools help with regards to promulgating the Storm Water Management Rules.

Public Meeting Minutes
October 14, 2004
Page 9

Kelly commended the Administration in the recent Newsletter in their information provided with respect to the Storm Water Management Rules. Kelly also applauded Administration on the Sewer Meeting last night.

Kelly stated there would be a Transportation Sub-Committee Meeting at 7:30PM on Monday October the 18th in Room 319.

REPORT OF THE SUBCOMMITTEES
Paton stated there would be a meeting of the Negotiation Cable Subcommittee on Tuesday October 17th at 6:45PM.

DiGiulio stated the Beautification Subcommittee would meet on November 1st . DiGiulio stated the three recent displays were done by Secor’s Nursery. On October 28th Resolutions will be given to all the Girl Scouts that assisted in plantings and plaques to the three nurseries that provided the shrubs for the Senior Gardens, a Plaque for the Senior Garden and Resolutions for four other people who helped in these Beautification Projects.

DiGiulio stated the Beautification Committee is working on a display in the gazebo area which will be lit along with the bridge. DiGiulio suggested lighting the Maple Tree in Veterans Park with white lights in honor of those who have and are serving in the Military.

The Beautification Committee wanted DiGiulio to express that they wanted the Tree Lighting to be at Company #1 Firehouse. December 1st will be the last meeting for the year for the Beautification Subcommittee.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Kelly, the meeting was open to the public at 9:50PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue questioned the hanging of banners on telephone poles and Ordinances involved. DiGiulio stated they had permission from the Utility companies.

Mr. Albert Kidd stated the Council should be embarrassed over their Ethics decision.

Mr. Allan Kidd of 111 Miller Road stated he was embarrassed over the Ethics decision and continued to make remarks concerning a past Mayor of the Township “blowing his brains out.” Richter told Mr. Kidd that was enough. Mr. Kidd stressed the need for a new Ethics Ordinance.

Public Meeting Minutes
October 14, 2004
Page 10

On a motion by Calandrillo, seconded by Paton, the meeting was closed to the public at 9:53 PM. All in favor. Motion carried.

On a motion made by Calandrillo, seconded by Paton, the meeting was adjourned at
9:54PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr
























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